Karnataka High Court Jayaram vs State By Kamakshipalya Police on 27 May, 2014Author: B.Manohar
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 27TH DAY OF MAY, 2014 BEFORE
THE HON’BLE MR.JUSTICE B MANOHAR CRIMINAL PETITION No.2239 OF 2014 BETWEEN:
AGED ABOUT 60 YEARS
S/O. LATE THIMMEGOWDA
AGED ABOUT 50 YEARS
3. NAVEEN KUMAR
AGED ABOUT 32 YEARS
ALL ARE RESIDING AT
No.396, 2ND MAIN, 7TH CROSS
BEHIND NANDAGOKULA SCHOOL
KAMAKSHIPALYA, BANGALORE – 560 079 . .. PETITIONERS
(BY SRI:RAJASHEKAR, B.G.ADVOCATE) AND
STATE BY KAMAKSHIPALYA POLICE STATION BANGALORE
BY SPP, HIGH COURT OF KARNATAKA BANGALORE … RESPONDENT (BY SRI:K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.93/2014 OF KAMAKSHIPALYA P.S., BANGALORE CITY, FOR THE OFFENCES P/U/S 498A, 304B R/W SEC.34 OF IPC. THIS CRIMINAL PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER
This petition is filed under Section 438 of Cr.P.C seeking for anticipatory bail in Crime No.93/2014 registered by the Kamakshipalya Police for the offences punishable under Sections 498A, 304B read with Section 34 of IPC. The petitioners are the father-in-law, mother-in-law and brother-in-law of deceased Radha.
2. On the basis of the complaint lodged by Vijayakumar – brother of the deceased Radha, the Kamakshipalya police have registered a case in Cr.No.93/2014 for the offences punishable under -3-
Sections 498A, 304B r/w Section 34 of IPC against the petitioners. It is alleged in the complaint that the complainant’s sister – deceased Radha was married to Ullas on 7.12.2007 and they got a male issue out of their wed-lock. Due to demand of dowry, physical and mental torture given by the petitioners, the deceased Radha committed suicide by hanging herself. Hence, the petitioners are responsible for the death of Radha and sought for taking action in accordance with law.
3. On the apprehension of arrest, on the basis of the complaint lodged by Vijayakumar, the petitioners have filed this petition seeking for anticipatory bail. It was contended that they are innocents of the alleged offence and they were falsely implicated in the case and false case was registered against them, as such they are entitled for grant of anticipatory bail. The petitioners are permanent residents of Kamakshipalya, Bangalore -4-
and they got their own house. The marriage has taken place in the year 2007. The deceased Radha committed suicide after 07 years of her marriage. There was no complaint with regard to demand of dowry at any point of time prior to the incident. Hence, sought for anticipatory bail.
4. The learned Government pleader appearing for the respondent contended that due to the physical and mental harassment given by the petitioners, the deceased Radha was forced to commit suicide. Hence, the petitioners are not entitled for grant of anticipatory bail.
5. I have carefully considered the arguments addressed by the learned counsel for the parties and perused the relevant records and also the order dated -5-
25.3.2014 made in Crl.Misc.No.1601/2014 passed by the Additional City Civil and Sessions Judge, Bangalore.
6. The petitioner No.1 is the retired NGEF employee, petitioner No.2 is his wife and petitioner No.3 is the son of petitioner Nos.1 and 2. In the complaint, it was alleged that due to the harassment with regard to demand of dowry, the deceased Radha committed suicide on 08.03.2014. Except that allegation, no other materials have been produced to show that the petitioners were given ill-treatment and demanded dowry from the parents of deceased Radha. The post mortem report discloses that except injury over the neck, no other injuries are found on the body of the deceased. Taking into consideration the age of the petitioners, they are entitled for anticipatory bail. Apart from that the wife of the 3rd petitioner – Smt. Mamatha has already been enlarged on bail in -6-
Crl.Misc.No.1601/2014. Hence, these petitioners are also entitled for bail.
7. Accordingly, I pass the following: ORDER
The petition is allowed. The respondent – police are hereby directed to release the petitioners on bail in the event of their arrest in Cr.No.93/2014 for the offences punishable under Sections 498A and 304B of IPC, on executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the likesum subject to following conditions:
1. The petitioners shall appear before the Court regularly.
2. The petitioners shall not tamper with the prosecution witness.
3. The petitioners shall cooperate with the Investigation Officer during the Course of Investigation.
4. The petitioners shall not leave the limits of the Bangalore City without prior permission from the Jurisdictional Court. Sd/-